Is Legal Responsibility Acquired by Educated Imbeciles?

1884 ◽  
Vol 29 (128) ◽  
pp. 467-474 ◽  
Author(s):  
G. E. Shuttleworth
Keyword(s):  
Legal Responsibility ◽  
The Subject ◽  
Medical Writers

The question of the legal responsibility of the insane has been frequently under discussion both by legal and medical writers; and its conditions and limits must, I fear, still be regarded as far from settled; divergent views being held, perhaps naturally, according to the standpoint respectively taken up by the lawyer and the physician. “A lawyer, when speaking of insanity,” says Sir J. F. Stephen, “means conduct of a certain character; a physician means a certain disease, one of the effects of which is to produce such conduct.” It is somewhat remarkable that the legal responsibility of the idiot, and of his milder congener, the imbecile, has hitherto hardly been deemed worthy of discussion; but a recent law case, in which several patients under my care were concerned, has led me to think that a few remarks on the subject may not be altogether uninteresting or unprofitable.

scholarly journals Theoretical Approaches to the Concept of Responsibility of Members of Political Parties and its Correlation with Legal Responsibility

2019 ◽  
pp. 53-62
Author(s):  
V. Е. Mamedova
Keyword(s):  
Political Parties ◽  
Social Responsibility ◽  
Subject Matter ◽  
Legal Responsibility ◽  
The Political ◽  
Basic Properties ◽  
Theoretical Approaches ◽  
The Subject ◽  
Legal Responsibilities

The paper proposes the author’s understanding of responsibility of members of political parties provided by the political parties’ constitutions and other intraparty documents (intraparty responsibility). Also, the paper demarcates intraparty responsibility, legal and other types of social responsibility. It is concluded that the responsibility of members of political parties is a subspecies of social and statutory responsibility. The study has determined the tendency of convergence (diffusion) of internal party and legal responsibilities; the analysis has been carried out concerning perspectives of treating the responsibility of members of political parties as positive; the author substantiates the conclusion about the need to study intraparty responsibility exclusively in retrospective aspect. The author elucidates the thesis concerning expediency of enforcement of intra-party penalties as the subject matter of responsibility of members of political parties. Also, the basic properties of intra-party responsibility are revealed and analyzed. The study has investigated the influence of ambivalent nature of political parties and peculiarities of intra-party relations regarding the properties of responsibility of members of political parties.

scholarly journals About some questions of dissolution of legislative bodies of subjects of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 106-113
Author(s):  
Людмила Тхабисимова ◽  
Ludmila Thabisimova ◽  
Эльман Ахъядов ◽  
Elman Akhyadov
Keyword(s):  
Russian Federation ◽  
Constitutional Law ◽  
State Power ◽  
The Body ◽  
Early Termination ◽  
Legal Responsibility ◽  
Legislative Body ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article examines the issues of dissolution of the legislative body of the subject of the Federation. Attention is drawn to the fact that the institution of dissolution is an institution of constitutional law, and when the legislative body is dissolved, it is not responsible to the body or official who decided to dissolve it, but to the population, its voters. On the basis of the study it is concluded that it is necessary to Supplement the list of grounds for early termination of the powers of the regional Parliament, as a measure of constitutional and legal responsibility, by including such grounds as the loss of voter confidence. The question of the need to empower the population of the subject of the Russian Federation with the right to decide in a referendum on the dissolution of the legislative (representative) body of state power of the subject of the Russian Federation.

scholarly journals Responsibility in the employment relationship: Distinctive features of disciplinary liability in the general and special employment relations regime

2020 ◽  
Vol 59 (89) ◽  
pp. 285-301
Author(s):  
Slobodanka Kovačević-Perić
Keyword(s):  
Subject Matter ◽  
Civil Servants ◽  
Employment Relationship ◽  
Legal Responsibility ◽  
Collective Agreement ◽  
Employment Relations ◽  
Distinctive Features ◽  
The Subject ◽  
The Republic ◽  
Labour Legislation

Establishing an employment relationship involves acquiring or assuming certain rights, duties and responsibilities for both parties in the employment relationship, in accordance with the law, the collective agreement, the employer's general administrative acts, and the employment contract. An employment relationship involves not only the parties' rights and duties but also their responsibility. Responsibility can be of legal and non-legal nature. Legal responsibility (liability) is of greater importance for the employees. On the whole, legal responsibility may be disciplinary, material, administrative (for misdemeanors), economic (for economic offenses) and criminal in nature. The subject matter of labour law includes only disciplinary and material liability of the employee, while other types of legal responsibility are the subject matter of other legal disciplines. Although the former labour legislation of the Republic of Serbia regulated the disciplinary liability of the employees in detail, such practice has been completely abandoned in the new Labour Act, which only regulates the summary dismissal procedure. Unlike the Labour Act, the Civil Servants Act contains numerous provisions on the disciplinary and material liability of civil servants. This Act also regulates procedural issues regarding the rules for initiating and conducting a disciplinary proceeding, entering disciplinary sanctions in or removing them from the personnel files, etc. In this paper, the author analyzes disciplinary liability by examining the specifics of substantive and procedural norms for establishing this form of liability in the general and special employment relations regime. From the aspect of the rule of law, the author provides a critical analysis of such legislative solutions and considers their legal justification.

scholarly journals Improving laws on Public-Private Partnership projects appraisal council – Experiences from Korean laws

2020 ◽  
Vol 4 (4) ◽  
pp. First
Author(s):  
Như Thị Thùy Cao
Keyword(s):  
Legal Status ◽  
Investment Decision ◽  
Public Private Partnership ◽  
Legal Responsibility ◽  
Legal Basis ◽  
Project Investment ◽  
Private Partnership ◽  
The Past ◽  
Professional Requirements ◽  
The Subject

Appraisal is an important stage in the preparation of Public-Private Partnership projects, which has an important influence on the project investment decision. However, the reality of the appraisal work over the past time has not been as effective as expected. To improve this situation, first of all, it is necessary to improve the legal basis of the organization, operation as well as the responsibility of the subject assigned to the appraisal task (the appraisal council). Only when the legal status of the appraisal council is independently designed, the composition of the appraisal council meets the professional requirements and the legal responsibility of each member of the appraisal council are clearly defined, thus the appraisal work can be done seriously and effectively. With the above orientation, this article will clarify Vietnamese legal regulations related to the appraisal council for Public-Private Partnership projects, including the current provisions of Decree 63/2018/ND-CP and the upcoming provisions of the Law on Public-Private Partnership Investment 2020. At the same time, this article will also compare with similar provisions of the Korean laws to have multidimensional views. On that basis, this article will propose a number of personal views to complete the legal basis for the appraisal of Public-Private Partnership projects in our country.

scholarly journals THE PRINCIPLE OF EXPEDIENCY OF LAW INTERPRETATION

2020 ◽  
pp. 8-14
Author(s):  
S. V. Pryima
Keyword(s):  
Law Enforcement ◽  
Positive Result ◽  
Public Interest ◽  
Legal Responsibility ◽  
The Public ◽  
Procedural Law ◽  
Different Types ◽  
The Subject ◽  
Judicial Procedures ◽  
Optimal Set

In the article was investigated the principle of expediency of law interpretation. It is noted that the term “expediency” is close in meaning to the terms “optimality”, “rationality”, “efficiency”. Due to this the principle of expediency is seen in a general way as the principle which requires that the subject should achieve a useful, positive result with applying the optimal set of methods. It is established that the principle of expediency is realized in different branches and institutions of law. Particularly, in the civil procedural law such judicial procedures are based on this principle as examination, storage and provision of evidence, the appointment and realization of expertise, the association and dissociation of claims. It is also noted that the principle of expediency is important in punishing a person, in other words, it is the basis of legal responsibility. In this sphere, it consists in the individualization of punitive measures or punishment depending on the gravity of the offense, taking into account the offender's personality, his welfare and the circumstances of the action. The principle of expediency also means that the chosen measure is relevant to the purposes of responsibility. It is noted that the principle of expediency makes the requirements for conducting different types of legal activity – law-making, law-enforcement, and therefore, it is one of the main principles of law interpretative activity. It is emphasized that the basic idea of this principle is that the act should not be interpreted in the sense which makes it aimless, so, the act cannot be interpreted beyond the purpose for which it was adopted. In the article is also argued that a particular method of setting of a goal of a legal norm is a teleological (purposeful) mean of interpretation. The requirements of the principle of expediency include the aspiration of the public interest and the obligation to apply the verification of interpretative conclusions. The principle of expediency of law interpretation is defined as the interpretative principle, the essence of which is the aspiration of the subject of interpretation to achieve the goal, to obtain a useful, positive result from their activities by using the optimal set of methods for this purpose.

scholarly journals Approach towards classification of the types of legal responsibility

2021 ◽  
pp. 21-31
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Responsibility ◽  
Close Link ◽  
The Social ◽  
The Subject ◽  
Tax Fraud ◽  
Definition Of

The subject of this research is the social relations in the context of bringing to legal responsibility, as well as normative legal acts and scientific literature that reflect such relations. The problem of classification of the types of legal responsibility is relevant in the context of substantiation of the autonomy of its individual types. The attempts to substantiate the autonomy of one or another type of legal responsibility entail the revision of the grounds for classification. The goal of this article consists in revealing the natural grounds for definition of the concept of “legal responsibility” to build consistent and exhaustive classification. The main conclusion lies in determination of the criterion for classification of the types of legal responsibility. Emphasis is placed on the social relations underlying the legal relations, namely legal relations in the area of bringing to legal responsibility. On the example of responsibility for committing tax fraud, the article demonstrates the failure of attempts to find qualification criteria on the basis of the normative legal acts outside the entirety of social relations. The article determines the close link between social relations in the economic sphere, as well as their impact upon legal relations emerging in the context of bringing to legal responsibility as a whole and administrative responsibility in particular.

scholarly journals Legal nature of the positive constitutional responsibility

2017 ◽  
Vol 1 (3) ◽  
pp. 62-70
Author(s):  
Natalia Bobrova ◽  
Vladimir Sidorov
Keyword(s):  
Direct Action ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Positive Side ◽  
Legal Nature ◽  
Scope Of Application ◽  
The Subject ◽  
Political Character ◽  
Good Purpose

The subject of the paper is theoretical justification of legal nature of positive constitutionalresponsibility legal institute. The evolution of views on the institution of positive constitutionalresponsibility from the first works on it (S.A. Avak`yan, Yu.P. Eremenko, F.M. Rudinsky, N.A. Bobrova) to the present time is analyzed.The purpose is to clarify its role in establishment and maintaining the regime of constitutionallegality.The results, scope of application. Doubts about the legal nature of positive constitutionalresponsibility up to its complete denial are identical with doubts about the legal nature ofmany constitutional norms, the denial of their direct action. These disputes will last forever.Direct service of constitutional and legal responsibility to the quality of governance is a featureof this type of legal responsibility along with its pronounced political character, as wellas the specific guilt of the subject of constitutional tort (liability not only for their acts butfor the acts of their subordinates).The emphasis on positive moral aspect to the detriment of "sanction" (retrospective) aspectof the constitutional responsibility does not meet the challenges of the new time.Proponents of affirmative responsibility had good purpose to build its high creative andeducational role from the positive side of the legal liability. However, this good purpose inpractice has not led to optimistic results.The authors come to the conclusion the legal regulation of mechanisms of responsibilityenforcement in Russia is necessary.

scholarly journals IMPLIKASI PUTUSAN VERSTEK PADA PEMANGGILAN PARA PIHAK

2019 ◽  
Vol 13 (1) ◽  
pp. 97-130
Author(s):  
Suhri Hanafi ◽  
Ahmad Arief
Keyword(s):  
Task Analysis ◽  
Collective Responsibility ◽  
The Other ◽  
Primary Task ◽  
Legal Responsibility ◽  
Procedural Law ◽  
The Subject ◽  
The Village

Summons in the civil procedural law is to submit to the parties formally and properly related to the case in court, in the delivery procedure of a summons once the parties are not found, then the village head or Lurah is given the mandate to deliver it to the litigant. The results of research conducted on the village in Palu do not even have a procedure for accepting and submitting willingly, it is caused by the ignorance of the village regarding the obligation to submit summons, besides the village feels has no interest in the bailiff’s primary task. Analysis of village’s legal responsibility in the summoning function can be categorized as collective responsibility on the subject side, whereas from the other side, object side, it is a type of absolute accountability.

scholarly journals Correlation of warranties and means of securing performance of obligations

2020 ◽  
pp. 1-7
Author(s):  
Olesia Emelianova
Keyword(s):  
Civil Law ◽  
Case Law ◽  
Legal Order ◽  
Legal Responsibility ◽  
Main Criterion ◽  
Legal Instrument ◽  
Relevant Case ◽  
The Subject ◽  
Target Designation ◽  
Contractual Obligations

This article presents the analysis of the current Russian civil legislation that regulates warranties of contractual obligations, which represent a fairly new contractual instrument for Russian economic turnover and means of securing performance of obligations (mainly by co-signing and independent warranty), being the traditional legal construct for Russian legal order. To carry out detailed study and comparison of the aforementioned legal constructs, the author also examines the relevant case law and doctrinal approaches regarding the subject of obligations, performance of obligations, means of securing performance of obligations, and civil legal responsibility. The methodology is based on the dogmatic, formal-logical, systemic, analytical and other methods. The result of this research yielded a conclusion that warranty within the system of Russian civil law is an independent legal instrument and is not a part of the system of means of securing performance of obligations, even in presence of coincidence with some of such means. The main criterion for distinction consists in the different functional and target designation of such legal means.

Sign in / Sign up

Export Citation Format

Share Document